By Salinas H.B. No. 1310
77R4086 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Teachers' Excellence Program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 21, Education Code, is amended by adding
1-5 Subchapter M to read as follows:
1-6 SUBCHAPTER M. TEXAS TEACHERS' EXCELLENCE PROGRAM
1-7 Sec. 21.601. DEFINITIONS. In this subchapter:
1-8 (1) "Certification" means certification by the
1-9 National Board for Professional Teaching Standards.
1-10 (2) "Certification examination" means the National
1-11 Board for Professional Teaching Standards certification
1-12 examination.
1-13 (3) "Program" means the Texas Teachers' Excellence
1-14 Program.
1-15 Sec. 21.602. ESTABLISHMENT OF PROGRAM. The State Board for
1-16 Educator Certification shall establish the Texas Teachers'
1-17 Excellence Program to encourage teachers to become certified by the
1-18 National Board for Professional Teaching Standards. Under the
1-19 program:
1-20 (1) the State Board for Educator Certification shall:
1-21 (A) provide or authorize training to assist
1-22 teachers in meeting certification requirements;
1-23 (B) provide to teachers financial assistance as
1-24 provided by this subchapter to assist teachers in earning
2-1 certification;
2-2 (C) provide information to teachers about the
2-3 program, including the scholarships, stipends, and other assistance
2-4 available under the program; and
2-5 (D) provide staff to assist the applicant review
2-6 committee under Section 21.604; and
2-7 (2) school districts shall pay stipends to teachers
2-8 who hold certification.
2-9 Sec. 21.603. ELIGIBILITY. A teacher is eligible for
2-10 financial assistance under Section 21.605 if the teacher:
2-11 (1) is employed as a classroom teacher in this state;
2-12 (2) meets the eligibility requirements for
2-13 certification established by the National Board for Professional
2-14 Teaching Standards;
2-15 (3) applies to participate in the program on a form
2-16 developed by the State Board for Educator Certification for that
2-17 purpose; and
2-18 (4) meets other requirements adopted by the State
2-19 Board for Educator Certification.
2-20 Sec. 21.604. APPLICANT REVIEW COMMITTEE. (a) Each year,
2-21 the applicant review committee shall review the applications of all
2-22 teachers who apply to participate in the program and, from among
2-23 the applicants, select not more than 500 eligible teachers to
2-24 receive financial assistance under Section 21.605.
2-25 (b) The committee is composed of 15 members:
2-26 (1) five of whom are appointed by the State Board for
2-27 Educator Certification;
3-1 (2) five of whom are appointed by the commissioner;
3-2 and
3-3 (3) five of whom are appointed by the State Board of
3-4 Education.
3-5 (c) Members serve staggered terms of six years, with the
3-6 terms of one-third of the members expiring on February 1 of each
3-7 even-numbered year.
3-8 (d) The commissioner shall appoint the presiding officer
3-9 from among the members of the committee.
3-10 (e) The committee shall meet at least once each year in
3-11 Austin on a date determined by the presiding officer and may hold
3-12 other meetings as necessary at the call of the presiding officer or
3-13 of at least two-thirds of the members of the committee.
3-14 (f) A member of the committee is not entitled to
3-15 compensation. A member of the committee is entitled to
3-16 reimbursement of actual and necessary expenses incurred in
3-17 conducting the business of the committee.
3-18 Sec. 21.605. FINANCIAL ASSISTANCE; LEAVE. (a) The State
3-19 Board for Educator Certification shall pay the application fee for
3-20 the certification examination for each teacher selected by the
3-21 applicant review committee and shall provide to each of those
3-22 teachers a scholarship of $500 to pay other expenses of applying
3-23 for certification.
3-24 (b) A teacher selected by the committee is entitled to three
3-25 days of leave to prepare the application for certification in
3-26 addition to any other leave to which a teacher is entitled under
3-27 this code or district policy.
4-1 Sec. 21.606. REIMBURSEMENT. (a) A teacher who receives
4-2 financial assistance under Section 21.605 but fails to complete
4-3 training for the certification examination, to take the
4-4 certification examination, or to teach at least one school year in
4-5 a public school after earning certification shall reimburse the
4-6 State Board for Educator Certification for the money received under
4-7 Section 21.605 unless the board determines that the teacher is not
4-8 required to pay reimbursement because the teacher's failure is due
4-9 to extenuating circumstances. A teacher may appeal the board's
4-10 decision to the commissioner in the manner and within the period
4-11 prescribed by the commissioner.
4-12 (b) A teacher who completes training for certification but
4-13 fails to perform satisfactorily on the certification examination is
4-14 not required to pay reimbursement under this section.
4-15 Sec. 21.607. SALARY STIPENDS. In addition to the minimum
4-16 salary to which a teacher is entitled under Section 21.402 and any
4-17 additional salary amount the school district employing a teacher
4-18 pays, the district shall pay:
4-19 (1) an annual stipend of $4,000 to each classroom
4-20 teacher who is certified by the National Board for Professional
4-21 Teaching Standards; and
4-22 (2) an additional stipend of $2,000 to each teacher
4-23 described by Subdivision (1) who works at least 50 hours during a
4-24 school year as a mentor providing assistance to other public school
4-25 teachers attempting to earn certification.
4-26 Sec. 21.608. FUNDING. The program, including salary
4-27 stipends under Section 21.607, shall be funded using state money
5-1 appropriated for that purpose and gifts, grants, and donations
5-2 received for that purpose.
5-3 SECTION 2. Section 822.201(b), Government Code, is amended
5-4 to read as follows:
5-5 (b) "Salary and wages" as used in Subsection (a) means:
5-6 (1) normal periodic payments of money for service the
5-7 right to which accrues on a regular basis in proportion to the
5-8 service performed;
5-9 (2) amounts by which the member's salary is reduced
5-10 under a salary reduction agreement authorized by Chapter 610;
5-11 (3) amounts that would otherwise qualify as salary and
5-12 wages under Subdivision (1) but are not received directly by the
5-13 member pursuant to a good faith, voluntary written salary reduction
5-14 agreement in order to finance payments to a deferred compensation
5-15 or tax sheltered annuity program specifically authorized by state
5-16 law or to finance benefit options under a cafeteria plan qualifying
5-17 under Section 125 of the Internal Revenue Code of 1986 [(U.S.C.
5-18 Section 125)], if:
5-19 (A) the program or benefit options are made
5-20 available to all employees of the employer; and
5-21 (B) the benefit options in the cafeteria plan
5-22 are limited to one or more options that provide deferred
5-23 compensation, group health and disability insurance, group term
5-24 life insurance, dependent care assistance programs, or group legal
5-25 services plans;
5-26 (4) performance pay awarded to an employee by a school
5-27 district as part of a total compensation plan approved by the board
6-1 of trustees of the district and meeting the requirements of
6-2 Subsection (e), including salary stipends paid under Section
6-3 21.607, Education Code; [and]
6-4 (5) the benefit replacement pay a person earns under
6-5 Subchapter H, Chapter 659, as added by Chapter 417, Acts of the
6-6 74th Legislature, 1995, except as provided by Subsection (c); and
6-7 (6) stipends paid to teachers in accordance with
6-8 Section 21.410, Education Code.
6-9 SECTION 3. (a) Initial appointees to the applicant review
6-10 committee under Section 21.604, Education Code, as added by this
6-11 Act, take office February 1, 2002.
6-12 (b) The State Board for Educator Certification shall
6-13 designate one of its initial appointees to the applicant review
6-14 committee to serve a term expiring February 1, 2004, two of its
6-15 initial appointees to serve terms expiring February 1, 2006, and
6-16 two of its initial appointees to serve terms expiring February 1,
6-17 2008. The commissioner of education shall designate two of the
6-18 commissioner's initial appointees to the applicant review committee
6-19 to serve terms expiring February 1, 2004, one of the commissioner's
6-20 initial appointees to serve a term expiring February 1, 2006, and
6-21 two of the commissioner's initial appointees to serve terms
6-22 expiring February 1, 2008. The State Board of Education shall
6-23 designate two of its initial appointees to the applicant review
6-24 committee to serve terms expiring February 1, 2004, two of its
6-25 initial appointees to serve terms expiring February 1, 2006, and
6-26 one of its initial appointees to serve a term expiring February 1,
6-27 2008. Thereafter, members of the committee serve terms of six
7-1 years in accordance with Section 21.604, Education Code, as added
7-2 by this Act.
7-3 SECTION 4. This Act takes effect September 1, 2001.